They’re only “activist judges” when they don’t interpret the law the way YOU want them to.  Sheesh.

And speaking of literal interpretations of the Constitution, anyone read about Clarence Thomas’s latest?  His opinion that the First Amendment only prohibits the FEDERAL establishment of a religion, not establishment by the states?
Here’s a fascinating article on some of the areas where he wants to go back to the 18th century to interpret the constitution.  (Warning:  invasive registration required.) A few excerpts:

For example, Thomas has argued that the word “commerce” in the Constitution should be understood as it was in the 18th century: the movement of goods across state lines. Under this view, the states could not erect tariffs or other barriers to the free flow of goods.

In the 20th century, however, the Supreme Court adopted a much broader view of commerce, relying on that definition to uphold federal laws that set minimum wages, prohibited discrimination in the workplace, protected the environment or regulated the manufacture of products, including autos and drugs.

In a separate 1995 opinion, Thomas said that this broad view conflicted with the Constitution and should be reconsidered. If his colleagues ever agree, many of today’s workplace laws would be struck down.

Soon after joining the court in 1991, Thomas wrote that the word “punishment” in the Constitution restricted only “judges, not jailers.” The high court had adopted a broader view of the ban on “cruel and unusual punishment” in the 1970s and protected prisoners from being subjected to needlessly cruel treatment.

When Thomas denounced this view as flatly mistaken, Justice Harry A. Blackmun pointed out that his opinion would permit the torture of inmates by prison guards.

[...]

“He is a hard-nosed originalist who looks back to 1791,” when the Bill of Rights was ratified, [UT law professor Douglas] Laycock said. “He acts as though the Civil War didn’t happen, or it didn’t matter.”

Now THAT’S more than enough reason to be afraid.

I always thought we needed “activist judges” to protect the nation from “activist lawmakers”.

(captcha: out)

The whole argument about “activist judges” is just plain stupid and shows an astonishing ignorance of just what a Judge is supposed to do. Particularly in regards to The Supreme Court of the United States as it is part of their job to determine if new laws are in conflict with the Constitution.

Q. It is frequently asserted that the Supreme Court nullifies an act of Congress. Is this correct?
A. No. The Court has repeatedly declared that it claims no such power. All it does--all it can do--is to examine a law when a suit is brought before it. If the law in question is in accordance with the Constitution, in the opinion of the Supreme Court, the law stands. If the law goes beyond powers granted by the Constitution, then it is no law, and the Supreme Court merely states that fact (Art. III, sec. 2, cl. 1; Art. VI, cl. 2).

Taken from The National Archive’s Q&A on the Constitution

I’m getting pretty tired of all the bullshit about activist judges that’s tossed around when the Conservatives don’t get their way. They also like to point out that these Judges aren’t elected as though this has any bearing on the issue. There’s a damned good reason why Judges aren’t elected and that’s to enable their impartiality by negating the Judge’s concerns about his job which might influence his decisions.

That said, it’s still possible to impeach a judge and if these Senators are that upset about the job a particular judge is doing they have the ability to attempt an impeachment. The whole idea of putting into place laws to limit the authority of the Judiciary is a stupidly dangerous meddling with the checks and balances that has served this country very well for so long. If Congress were to get into the habit of limiting the power of the Judiciary to rule on various issues whenever they’re not happy with the decisions the courts are making it could be disastrous for our legal system. Not to mention it could come back to bite them in the ass should the tables turn and the Democrats gain control of both houses and the Presidency.

Art III, Sect 2 also states
“In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
So, the constitution that everyone says is so great and wants to protect, explicitly allows for Congress to exercise some control over the Judicial branch.  “Checks and balances” works both ways, I think.  Otherwise, the judicial branch could go nuts.  Remember Dred Scot ?

Anyway, it has been used many times in the past.  The most recent example I remember is Sen Tom Daschle (D. SD) using it in an amendment about a SD forest area.  See section 706j of PL 107-206 which was altered by the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States (PL 107-206).  Daschle inserted language protecting the Black Hills Forest (SD) from NEPA and other environmental laws.  But he also inserted this gem:
“Due to the extraordinary circumstances present here, actions authorized by this section shall proceed immediately. . . And actions authorized by this section shall not be subject to judicial review by any court of the United States.”

I remember Montana being pissed because Daschle didn’t include them in this ‘maneuver’.

Concerning the judicial activism label, I think I remember the Florida Supreme Court and the US SC being labeled as such in Dec 2000.  Funny how that works, eh?

Dear atheists,

I do not hate, nor dislike atheists, but I hate atheism. I do not, nor does Jesus, hate the person, but the sin. One day, you will bow down to Christ, and worship him.

Philippians 2:10,11 “That at the name of Jesus every knee should bow, of things in heaven, and things in earth, and things under the earth. And that every tongue should confess that Jesus Christ is Lord, to the glory of God the Father.”

I know that you do not believe today, but after your physical death, you will believe. However, it will be too late. I am sorry that all atheists are trapped in their unbelief, and are unable to enter into Heaven. I will not try and convert you, nor any other reader, for that will be a waste of my time. If there was an ounce of conviction in your soul, then I would have that chance, but I don’t believe there is any. Many speak of Heaven and Hell, but to no degree. Hell is hot, and there you will perish. How hot is Hell? You will find out soon enough!

If you do not believe in the God of America, then there are places that you could go. As for me and my house, we will serve the Lord. Atheists are neither citizens, nor political. As the Jews drove out the idolaters, and Satan worshipers from Canaan land, so shall God’s people, I pray, drive out the imbeciles, or fools, of America.

2 Chronicles 7:14, “If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.”

AS for separation of Church and state- it is no myth. But all have forsaken its meaning. America was founded by God’s people. As the pilgrims had left England, and the European colonies, they sought a country, to flee the persecution of the state Church: the Church of England. In so doing, they travel to a new colony, now known as, “America,” named after Amerigo Vespucci.When the travelers had come to this country, they formed a new creed, which was a separation of Church and state. That creed was not to keep the Church out of the state, but the state out of the Church. They did not want another Church of England persecution here in America. So I say, get your facts straight. Every non-believer has left history for their stupidity, and logic. Our country, America, was founded upon God’s Word, not atheistic logic. All atheists have one thing in common, their logic. If a Christian says something, no matter what it might be, they are mocked. If an atheist says something, no matter what it might be, they are praised. You find reward here in this lifetime, but one day, you will reap that which you have sown.
Again, atheists are not, nor should be considered, citizens, but outcasts. If you can’t accept God at His Word, that you are not a citizen. All hail to King Jesus! He is still on the throne!

Dear Evangelist,

I read the first four sentences, and then skipped straight to the point.

Why the fuck would any atheist give a damn what you thought or believed, particularly if your thoughts and beliefs are rooted in archaic tribal law? 

Precisely.

Dude, there IS no Santa Claus.  Get over it already.

P.S.  I do not hate evangelists.  Like mosquitos, they are the product of evolution and environment and, while annoying, are not per. se. evil.

capcha ‘made,’ as in the devil didn’t make me do it, but I haven’t ruled out a deterministic universe.

Oooo! An Evangelist has stopped by to play! It’s been awhile since we’ve seen one of this sort round these parts. Let’s see if he has anything new and original to offer:

I do not hate, nor dislike atheists, but I hate atheism. I do not, nor does Jesus, hate the person, but the sin. One day, you will bow down to Christ, and worship him.

Philippians 2:10,11 “That at the name of Jesus every knee should bow, of things in heaven, and things in earth, and things under the earth. And that every tongue should confess that Jesus Christ is Lord, to the glory of God the Father.�

Nope, nothing new there. Same old “I don’t hate you and my imaginary friend doesn’t hate you, but someday you’ll kiss my imaginary friend’s ass” speech.

I know that you do not believe today, but after your physical death, you will believe. However, it will be too late. I am sorry that all atheists are trapped in their unbelief, and are unable to enter into Heaven. I will not try and convert you, nor any other reader, for that will be a waste of my time. If there was an ounce of conviction in your soul, then I would have that chance, but I don’t believe there is any. Many speak of Heaven and Hell, but to no degree. Hell is hot, and there you will perish. How hot is Hell? You will find out soon enough!

Nothing new here either. Standard Christian cliches such as the silly “you’ll believe in my imaginary friend once you die, but then it’ll be too late” and “I’m sorry you won’t be in Heaven” and “I won’t try to convert you” crap. If he’s not trying to convert me then what the fuck is the point of this whole little rant of his? Is it just to gloat? “I’m getting in Heaven, but you ain’t! I’m getting in Heaven, but you ain’t! Neener-neener-neener!”

As for convinction, I have tons of conviction, just not in the idea of God(s). Ooo! And we get the “you’ll find out how hot hell is” threat! Silly Evangelist, fears of Hell only worry believers.

If you do not believe in the God of America, then there are places that you could go. As for me and my house, we will serve the Lord. Atheists are neither citizens, nor political. As the Jews drove out the idolaters, and Satan worshipers from Canaan land, so shall God’s people, I pray, drive out the imbeciles, or fools, of America.

God of America? You mean Nature? Seeing as most of the Founding Fathers were Diests, not Christians, then you must be referring to Nature. Sure there are other places I could go, but I think I’ll stay right here in the U.S.A. and continue to put folks like you into fits by promoting the complete separation of Church and State.

But thanks for providing us with a clear example of what an Asshole Evangelist is with your talk of “atheists aren’t citizens” comment. I have no idea what you mean by the statement that atheists aren’t political.

...more Bible thumping snipped because we’ve heard it all before…

AS for separation of Church and state- it is no myth. But all have forsaken its meaning. America was founded by God’s people. As the pilgrims had left England, and the European colonies, they sought a country, to flee the persecution of the state Church: the Church of England. In so doing, they travel to a new colony, now known as, “America,� named after Amerigo Vespucci.When the travelers had come to this country, they formed a new creed, which was a separation of Church and state. That creed was not to keep the Church out of the state, but the state out of the Church. They did not want another Church of England persecution here in America. So I say, get your facts straight. Every non-believer has left history for their stupidity, and logic. Our country, America, was founded upon God’s Word, not atheistic logic. All atheists have one thing in common, their logic. If a Christian says something, no matter what it might be, they are mocked. If an atheist says something, no matter what it might be, they are praised. You find reward here in this lifetime, but one day, you will reap that which you have sown.

I always find it amusing when someone who needs to get their facts straight tries to tell others they need to get their facts straight. You need to go read Jefferson’s own writings on what his intent with the Separation Clause was. Of course you won’t do that because it’ll contradict your belief that the Church should meddle with the State. Ah, but you already believe in one lie so what matter is there to believe in another if it suits your purposes?

Again, atheists are not, nor should be considered, citizens, but outcasts. If you can’t accept God at His Word, that you are not a citizen. All hail to King Jesus! He is still on the throne!

Blah blah blah blah blah. Man, not a single original idea or argument in this entire response. I swear these guys have a Book of Cliches they pass around and read from every time they want to argue with non-believers. At least he provided us with something we can point to the next time someone asks if Atheists are really, truly ever discriminated against.

I swear these guys have a Book of Cliches they pass around and read from every time they want to argue with non-believers.

Rhethorical question: You’ve heard of Apologetics?

If you do not believe in the God of America, then there are places that you could go.

Hope I understand this correctly… He created the entire universe, but he’s the God of America? How did we get that franchise? If there were a universal creator, that would be a bit presumptuous.

All hail to King Jesus! He is still on the throne!

I use Metamucil for that.

I like the ad for Red Lobster that showed up on Rer’rend Jimmy’s page.  Along with the disclaimer about ads right below it. 

Mozilla must be unclean, it won’t display his page properly.  God’s choosen must be IE then.  If I were religious, I’d take that as a sign of the anti-christ.  I see Jesus as being more of an open source kinda guy. 

I do not want to be as the Pharisees, but I want to thank God for allowing me never to hold in my hands, nor study from, any perverted book, unless I am using it to defend the King James Bible.

Is it just me, or does anyone else see a defense for reading perverted books? Maybe he’s going to the bathroom with a Penthouse and distracting Satan from taking some other soul.  Oh, no, the new Playboy’s out… time to do battle with Old Scratch in the john!

Blah blah blah God, blah blah blah Jesus, blah blah Hell Satan, blah blah America, Bible blah blah blah.

If only they knew that’s what rational folks hear when they go off on their psychotic, delusional babbling rants.  Nothing makes me firmer in my conviction not to live my life according to fairy tale and superstition than yet another nutjob spouting Bible verses and opining that Atheists and other non-Christians don’t deserve to be citizens of the US.

("cases" as in head-cases that believe in guys in the sky)

The truth is that people like the Evangelist (included to allow the deference he’s begging for) James R. Henry just need adoration. They don’t care so much that they may be speaking immutable truths, but that they are speaking and being listened too. They crave being seen as leaders and sages and it’s ironic that the sins they speak against are often the very sins they commit so deftly and nonchalantly. Too, they love smiting by proxy. Christianity is the Wrestlemania event of the cosmos and they are the crazed, euphoric, hopped-up promoters of a pummeling.

Who is really evil here, and who is not? A sober evangelist is a dangerous evangelist!

I’m curious, Evangelist: you say that do not wish to convert atheists (or any other reader) but then proceed to make your oratory.  Your posting seemed to be prepared (one can almost see you standing upon your pulpit), though you skipped rather abruptly to your point that atheists should not be citizens.

Since you seem to have abandoned saving the atheists (a rather defeatist attitude, especially for an evangelist), what is it that you want?  What should a native-born American who happens to be atheist expect?  Would you promote their deportation?  Their incarceration?  Concentration camps?

My goodness, what are we do about the Atheist Problem?

I mean this in all seriousness:  if you can’t live with the outcasts, then what are the alternatives?

Not to worry, RDNewman… it couldn’t happen here.  Genocide, concentration camps, mass deportations, such things only happen in other, less Godly countries.  Oh, wait…

Ps. 137_8-9: “O daughter of Babylon, who are to be destroyed, Happy the one who repays you as you have served us!  Happy the one who takes and dashes Your little ones against the rock!”

(Looking at Andrew “The only good Indian is a dead Indian” Jackson’s face on the $20 bill.  And that wasn’t the only example by far.)

Captcha: “hand” (of God?)

“I hate”
- Evangelist James R. Henry

“Fear is the path to the Dark Side...fear leads to anger...anger leads to hate...hate leads to suffering...”
- Yoda

Repent now Jimmy for I fear you are on the path of darkness!

I think the problem with randall is that we’re not speaking his language. So here goes, I will attempt to speak his language now.

War is Peace

Ignorance is Strength

Freedom is Slavery

VOTE BUSH IN 2004!

I hope you guys do know that the family argument has been used to justify keeping suffrage from women. Don’t you love liberalized conservatives? In a 100 years when man is taking round trip vacations to Mars, no one is going to care about gay marriage and conservatives will be the butt of the jokes again.

Wrestle Mania has some strong b$%#hs.